SHIVAM KHURANA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This Criminal Miscellaneous Application, under Section 482 Cr.P.C., along with compounding application being CRMA No. 1873 of 2019, is preferred to quash the impugned summoning order dated 21.09.2017 passed by the learned Chief Judicial Magistrate, District Udham Singh Nagar in league with entire proceedings of Session Trial No. 212 of 2018, "State vs. Shivam Khurana"?, under Sections 307 and 506 of IPC, registered at P.S. Rudrapur, pending before the Court of IInd Additional Sessions Judge, Udham Singh Nagar (Rudrapur).

(2.) In the joint compounding application, duly supported by the affidavits of accused applicant and the respondent no. 2, it has been stated that parties have amicably settled their dispute and the victims do not want to prosecute the accused. Accused applicant Shivam Khurana as well as respondent no. 2 Rohit Grover, duly identified by their respective Counsel, were present before this Court on the previous date of listing and they admitted that they have entered into compromise. Compounding application bears the signatures/thumb impressions of the accused applicant and the respondent no. 2.

(3.) Learned State Counsel opposed the compounding application and contended that offences under Section 506 IPC, for which the accused applicant is facing trial, is non-compoundable. Emphasis of the learned State Counsel is on the offence under Section 307 IPC.